Retirement Savings Accounts Regulations 1997
PART 4A
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RSA INTERESTS SUBJECT TO PAYMENT SPLIT
Division 4A.2
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Options available for interests
REGULATION 4A.10
GIVING EFFECT TO A REQUEST
4A.10(1)
This regulation applies if an RSA provider receives a request under this Division within the time allowed under regulation 4A.09 .
4A.10(2)
The RSA provider must give effect to the request unless: (a) the RSA provider has received an earlier request under this Division in respect of the same interest and the earlier request has not been withdrawn; or (b) for a request under regulation 4A.06 - the RSA provider of the original interest is not permitted to retain the interest in an RSA for the non-member spouse; or (c) for a request under regulation 4A.07 - the RSA provider, superannuation entity or EPSSS specified in the request does not accept the rollover or transfer of benefits for the non-member spouse.
4A.10(3)
If paragraph (2)(b) or (c) applies, the RSA provider must: (a) roll over or transfer the amount to an RSA provided by another RSA provider, or to another superannuation entity or an EPSSS, nominated by the non-member spouse; or (b) if there has been no such nomination by the non-member spouse - consider whether it would be in the best interests of the non-member spouse to pay the amount of the withdrawal benefits to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999 .
4A.10(4)
(Repealed by FRLI No F2021L00412)
View history note
Hide history noteThis regulation applies if an RSA provider receives a request under this Division within the time allowed under regulation 4A.09 .
4A.10(2)
The RSA provider must give effect to the request unless: (a) the RSA provider has received an earlier request under this Division in respect of the same interest and the earlier request has not been withdrawn; or (b) for a request under regulation 4A.06 - the RSA provider of the original interest is not permitted to retain the interest in an RSA for the non-member spouse; or (c) for a request under regulation 4A.07 - the RSA provider, superannuation entity or EPSSS specified in the request does not accept the rollover or transfer of benefits for the non-member spouse.
4A.10(3)
If paragraph (2)(b) or (c) applies, the RSA provider must: (a) roll over or transfer the amount to an RSA provided by another RSA provider, or to another superannuation entity or an EPSSS, nominated by the non-member spouse; or (b) if there has been no such nomination by the non-member spouse - consider whether it would be in the best interests of the non-member spouse to pay the amount of the withdrawal benefits to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999 .
4A.10(4)
(Repealed by FRLI No F2021L00412)
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